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Jose Del Rosario v. Iam Union District Lodge 142

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 17, 2011

JOSE DEL ROSARIO, PLAINTIFF,
v.
IAM UNION DISTRICT LODGE 142, DEFENDANT.

The opinion of the court was delivered by: Hochberg, District Judge

NOT FOR PUBLICATION

ORDER

This matter having come before the Court upon pro se Plaintiff's application to proceed in forma pauperis under 28 U.S.C. § 1915, and Plaintiff having filed a Complaint on March 8, 2011; and this Court having reviewed Plaintiffs' indigency status and having sua sponte screened the Complaint pursuant to 28 U.S.C. §1915(e)(2)(B) to determine if it is frivolous or fails to state a claim; and it appearing that Plaintiff's Complaint is frivolous in that, giving Plaintiff all reasonable inferences, the Complaint raises no federal grounds upon which relief may be granted,*fn1 nor does it provide a basis upon which this Court might exercise diversity jurisdiction,*fn2

IT IS on this 17th day of March, 2011, hereby ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED; and it is further ORDERED that Plaintiff may file an Amended Complaint by April 15, 2011 to state a valid cause of action against Defendant; and it is further ORDERED that if Plaintiff fails to file an Amended Complaint that comports with this Order, his Complaint will be dismissed as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B)(I).

Hon. Faith S. Hochberg, U.S.D.J.


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